IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Madan Mohan Mittal and another - Petitioners - Appellant
Versus
U.T. Chandigarh and others - Respondents - Respondent
CRM-M-33988 of 2023
Decided On : 06-12-2023
FIR Quashing - Section 188 IPC - 150 - Summary of Acts and Sections: The court discussed the provisions of Section 188 IPC, Section 134 CrPC, and Section 195 CrPC. The court highlighted the mandatory nature of Section 195 CrPC, which requires a written complaint by the public servant concerned for contempt of their lawful order before taking cognizance of the offence punishable under Section 188 IPC. The court emphasized that the police report, being not a complaint, could not have been made the basis for taking cognizance of the offence under Section 188 IPC.
Fact of the Case:
The petitioners, political representatives, were arrested for violating Section 188 IPC while peacefully protesting against the Punjab Hooch Tragedy. They sought quashing of the FIR and summoning order, challenging the dismissal of the application for discharge.
Finding of the Court:
The court found that the police report could not be the basis for taking cognizance of the offence under Section 188 IPC, as it required a written complaint by the public servant concerned. The court quashed the complaint, police report, and judicial orders, allowing the petitions.
Issues: The issues involved the legality of taking cognizance of the offence under Section 188 IPC based on a police report without a written complaint by the public servant concerned, and the dismissal of the application for discharge.
Ratio Decidendi: The court emphasized the mandatory nature of Section 195 CrPC, which requires a written complaint by the public servant concerned for contempt of their lawful order before taking cognizance of the offence punishable under Section 188 IPC. The court held that the police report could not be the basis for taking cognizance of the offence under Section 188 IPC.
Final Decision: The court allowed the petitions, quashing the complaint, police report, and judicial orders, and disposing of pending applications.
Key Points: - The court held that cognizance under Section 188 IPC requires a written complaint by the public servant concerned for contempt of their lawful order; a police report cannot serve as the complaint. (!) (!) - Section 195 CrPC bars taking cognizance of offences under Section 188 IPC unless there is a written complaint by the public servant concerned; police reports under Section 173 CrPC cannot be basis for cognizance in such cases. (!) (!) (!) - The petition is allowed; the complaint dated 25.02.2021 and the police report under Section 173 CrPC filed in FIR No. 150 dated 21.08.2020 are quashed, along with discharge orders and related proceedings. (!) - The case discusses that Section 144 CrPC promulgation and its relation to Section 188 IPC, emphasizing peaceful protest rights under Article 19, and that violation of Section 188 IPC requires a valid cognizable basis (written complaint). (!) (!) - The Chief Judicial Magistrate’s reliance on the police report for cognizance was found improper; sections and authorities cited emphasize mandatory written complaint. (!) (!) (!) - The order clarifies that the correct procedure is initiation by complaint under Section 190(4)(a) CrPC, not by police report under 173 CrPC, for cognizance in these matters. (!) (!) (!) - The Court references Daulat Ram v. State of Punjab and Saloni Arora v. State of NCT of Delhi regarding mandatory written complaint and cognizance rules under Section 195 CrPC. (!) (!)
ANOOP CHITKARA J. --
| FIR No. | Dated | Police Station | Sections |
| 150 | 21.08.2020 | Central Sector 17, UT Chandigarh | 188 IPC |
1. This order shall dispose of all the petitions mentioned above. For brevity, facts have been taken from CRM-M-33988-2023 titled Madan Mohan Mittal and another v. U.T. Chandigarh and others.
2. The petitioners in all the petitions mentioned above, arraigned as accused in the above captioned FIR, have come up before this Court under Section 482 CrPC for quashing of the FIR and summoning order dated 02.09.2021 and all consequential proceedings arising from that place.
3. All these petitions have been filed by the petitioners challenging the police report filed under section 173 CrPC and the formal letter by the District Magistrate addressed to the Court, referring to the FIR No. 150 dated 21.08.2020 registered under section 188 IPC at Police Station Central, Sector 17, UT, Chandigarh, and summoning order dated 02.09.2021 and all the further proceedings before the Ld. JMIC, Chandigarh, includes the order dated 03.12.2022 passed by the Ld. JMIC, Chandigarh. In all these petitions, the petitioners are not only aggrieved by the dismissal of the application for discharge but are seeking quashing of the order taking cognizance and consequent notices/summons. In addition to the legal grounds, petitioners are also aggrieved that they did not commit any offence under Section 188 IPC because the administration did not comply with the provision of Section 134 CrPC and did not inform the general public of the area that Section 144 CrPC had been implemented in the area.
4. The F.I.R No. 150 dated 21.08.2020, registered under section 188 IPC at Police Station Central, Sector 17, U.T, Chandigarh, reads as follows:
“The SHO Sahib PS-17 Chandigarh Jai Hind it respectfully submitted that I ASI along with Police Force under the Supervision of SHO PS-17 DSP Central was present near MC Office Sector 17 Chandigarh on duty for managing the Rally/Protest of BJP State Punjab. That Punjab BJP Leaders along with their supporters in large number come marching forward on foot for gherao the house of the Punjab CM and for protesting against the policies of Punjab Government In this area and the area beyond this, the Chandigarh administration had imposed section 144 Cr.P.C. for stopping 5 or more than 5 people from gathering. The orders of the Administration were read out to the leaders present in the protest. But they violated the order of the government DC Order/DM Order No. DM/MA2020/13928 dated 09.07.2020 and those leaders & their supporters were controlled using the Police Force, who on being asked told their name & Address as 1. Vijay Sampla s/o Darshan Lal (Ex-MP) R/o 1 Partap Nagar Chintapuri Road Hoshiarpur (PB) Age 59 Years, 2. Arun Narang S/o Vedprakash Narang R/o Street No. 23 Gau Shalla Road Abohar Distt. Fazilika Ex-MLA (PB). Age 64 years, 3. Master Mohan Lal S/o Nilkand Sharma R/o Street No. 04 Indra Colony Distt. Pathankot Age 73 Years, Ex-MLA Punjab, 4. Madan Mohan Mittal S/o Sh. Ramsarup Mittal R/o 3158 Sec. 21 D UT Chandigarh, Age 31 Years, Ex-MLA from Anandpur Sahib (PB), 5. Manoranjan Kalia S/o Man Mohan Kaliya R/o Central Town Jalandhar, 6. Dr. Baldev Chawla S/o Sh, Sunder Dass Chawla R/o Chawla Hospital inside Hathee Gate Amritsar (PB) Age-82 Years, Ex-MLA Amritsar, 7. Ashwani Sharma S/o Pandit Uma datt Sharma R/o New Sastri Nagar Pathankot PB. Age 54 Years, President BJP, 8. Tikshom Sood S/o Jagdish Ram R/o 1 Sharswati Vihar Jhodhamal Road Civil Line Hoshiarpur (PB) Age 65 yrs, EX-MLA Hoshiarpur Ex-Minister Punjab 9. Surjeet Kumar Jain S/o Sh. Sobhat Ram Jain R/o Vill. Katerda Dist. Fazilka PB Age-63 years, Ex-MLA Fazilka. 10. Tarun Chugh S/o Lt. Sh. Banarshi Dass Chugh R/o 44 Katra Motiram Hathee Gate Amritsar (PB) Age 49 Years, BJP Secretary, 11. K.D. Bhandari S/o Sh. Chaman Ram Bhandhari R/o 61 Seth Hukam Chand Co
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